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Criminal Code of the Republic of Moldova - AI Search

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Criminal Code of the Republic of Moldova - AI Search

The Criminal Code of the Republic of Moldova (CC RM) No. 985/2002 is a codified law defining the criminality of acts, the grounds for criminal liability, and the system of penalties.

Criminal Code and Principles of its Application

  • Article 1. Criminal Law of the Republic of Moldova
    (1) This Code is the only criminal law of the Republic of Moldova.
    (2) Criminal law is a legislative act that contains legal norms establishing general and special principles and provisions of criminal law, defines acts constituting crimes, and provides for the penalties applicable to criminals.
    (3) This Code is applied in accordance with the provisions of the Constitution of the Republic of Moldova and international instruments to which the Republic of Moldova is a party. In the event of any inconsistencies with international conventions and acts on fundamental human rights, the provisions of international instruments shall prevail and be directly applied.
  • Article 2. Objectives of the Criminal Law
    (1) Criminal law shall protect the individual, his or her rights and freedoms, property, the environment, the constitutional order, the sovereignty, independence and territorial integrity of the Republic of Moldova, peace, human security, as well as the entire legal order from crime.
    (2) Criminal law shall also aim to prevent the commission of new crimes.

Сriminal law is the set of legal norms defining crimes, regulating the prosecution of criminals, and establishing punishments.

It prohibits behavior perceived as threatening, harmful, or otherwise endangering the property, health, safety, and well-being of people, including oneself. Criminal law includes punishment for actions harmful to society, such as theft, assault, or murder.

Criminal law of the Republic of Moldova consists of two main laws:

Structure of the Criminal Code (Table of Contents)

The Criminal Code of the Republic of Moldova consists of two parts.

1) General Part (Articles 1-134):

  • Chapter I. The Criminal Code and the Principles of Its Application (Articles 3-8): Basic Principles of Criminal Law: The Principle of Legality, the Principle of Humanism, the Principle of Democratism, the Principle of the Personal Nature of Criminal Responsibility, the Principle of Individualization of Criminal Responsibility and Criminal Punishment, and the Temporal Effect of Criminal Law.
  • Chapter II. The Crime (Articles 14-231): Crimes are divided into five categories: Minor Crimes, Crimes of Medium Gravity, Serious Crimes, Particularly Serious Crimes, and Exceptionally Serious Crimes. Responsible individuals who, at the time of committing the crime, were 16 years of age or older are subject to criminal liability.
  • Chapter III. Circumstances Eliminating the Criminal Nature of an Act (Article 35): Necessary Defense, Detention of a Criminal, Extreme Necessity, Physical or Mental Coercion, Justified Risk, Compliance with an Order or Directive of a Superior.
  • Chapter IV. Participation (Articels 41-49): Participation is considered to be the intentional cooperation of two or more persons in the commission of an intentional crime.
  • Chapter V. Criminal Liability (Articles 50-52): Arises for the commission of an act that contains all four elements of a crime: object, objective side, subject, and subjective side.
  • Chapter VI. Exemption from Criminal Liability (Articles 53-60): The person who committed an act that contains the elements of a crime may be exempted from criminal liability by the prosecutor during criminal proceedings and by the judicial instance (court) when trying the case in cases of: a) minors; b) holding to criminal liability; c) voluntarily renouncing the commission of the crime; d) active repentance; e) change of situation; f) conditional exemption; g) statute of limitations for holding to criminal liability.
  • Chapter VII. Criminal Punishment (Articles 61-74): Include fines, disqualification from holding certain positions, unpaid community service, restriction of liberty, imprisonment, and life imprisonment.
  • Chapter VIII. Individualization of punishments (Articles 75-801): General criteria for individualizing punishment. (1) A person found guilty of committing a crime shall be sentenced to a fair punishment within the limits set forth in the Special Part of this Code and in strict accordance with the provisions of the General Part of this Code. When determining the category and term of punishment, the court shall take into account the gravity of the crime committed, its motive, the identity of the criminals, the circumstances of the case that mitigate or aggravate liability, the influence of the punishment imposed on the correction and re-education of the guilty person, as well as the living conditions of his family.
  • Chapter IX. Exemption from criminal punishment (Articles 89-97): Exemption from criminal punishment means the exemption of a person who has committed a crime from the actual, partial or total execution of the criminal punishment pronounced by a court decision.
  • Chapter X. Security measures (Articles 98-106): Security measures aim to eliminate a danger and prevent the commission of acts provided for by criminal law. Security measures are: a) medical coercive measures; b) educational coercive measures; c) expulsion; d) special confiscation; e) extended confiscation.
  • Chapter XI. Causes that eliminate criminal liability or the consequences of conviction (Articles 107-112): Amnesty, Pardon, Reconciliation, Expungement of a Criminal Record, and Removal of a Criminal Record.
  • Chapter XII. Classification of the crime (Articles 113-118): The qualification of a crime is considered to be the determination and legal finding of the exact correspondence between the signs of the committed prejudicial act and the signs of the composition of the crime, provided for by the criminal norm.
  • Capitolul XIII. Înţelesul unor termeni sau expresii în prezentul cod (Articles 119-134): Whenever the criminal law uses a term or expression from those defined in this chapter, their meaning is that provided for in the following articles.

2) Special Part (Articles 135-388):

Contains a list of specific crimes, divided by object Encroachments.

Describes specific crimes and establishes penalties for them. All crimes are grouped by their generic object (encroachments on the person, the economy, transportation, state power, peace and security).

  • Chapter I. Crimes against the peace and security of mankind, war crimes (Articles 135-144):
  • Chapter II. Crimes against the life and health of the person (Articles 145-163): Includes crimes against life and health (e.g., murder, bodily harm), as well as human freedom, honor, and dignity.
  • Chapter III. Crimes against the freedom, honor and dignity of the person (articles 164-170)
  • Chapter IV. Crimes related to sexual life (Articles 171-175):
  • Chapter V. Crimes against political, labor and other constitutional rights of citizens (Articles 176-185):
  • Chapter VI. Crimes against property (Articles 186-200): Include theft (Article 186 of the Criminal Code of the Republic of Moldova), robbery, brigandage, fraud, embezzlement, and extortion.\
  • Chapter VII. Crimes against the family and minors (Articles 201-210):
  • Chapter VIII. Crimes against public health and social coexistence (Articles 211-222):
  • Chapter IX. Environmental crimes (Articles 223-235):
  • Chapter X. Economic crimes (Articles 236-258): Include smuggling, tax evasion, money laundering, and illegal entrepreneurship.
  • Chapter XI. Computer Crimes and Crimes in the Field of Electronic Communications (Articles 259-261):
  • Chapter XII. Crimes in the Field of Transport (Articles 262-277):
  • Chapter ХIII. Crimes against Public Security and Public Order (Articles 278-302): Include vandalism, drug trafficking, and arms trafficking.
  • Chapter XIV. Crimes against Justice (Articles 303-323):
  • Chapter XV. Crimes against the Proper Conduct of Activity in the Public Sphere (Articles 324-332):
  • Chapter XVI. Crimes of Corruption in the Private Sector (Articles 333-336): Include passive/active corruption, influence peddling, and abuse of office.
  • Chapter XVII. Crimes against public authorities and state security (Articles 337-363)
  • Chapter XVIII. Military crimes (Articles 364-388)

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General Part. Chapter I. The Criminal Code and principles of its application
⚖ Criminal Law of the Republic of Moldova 
⚖ Objectives of the Criminal Law 
⚖ Principles of Criminal Law 
⚖ Temporal Application of Criminal Law 
⚖ Time of the Act 
⚖ Retroactive Effect of Criminal Law 
⚖ Application of a More Favorable Criminal Law in Final Punishment 
⚖ Application of Criminal Law in Space 
⚖ Place of Commission of the Act 
⚖ Extradition 
General Part. Chapter II. Crime
⚖ The concept of a crime 
⚖ Degree of Harmfulness of a Crime 
⚖ Classification of Crimes 
⚖ A Crime Committed Intentionally 
⚖ Crime Committed by Negligence 
⚖ A Crime Committed with Two Forms of Guilt 
⚖ Innocent Act (Unforeseen Event) 
⚖ Subject of the Crime 
⚖ Sanity 
⚖ Insanity 
⚖ Limited Sanity 
⚖ Stages of Criminal Activity 
⚖ Preparation for a Crime 
⚖ Attempted Crime 
⚖ Single Crime 
⚖ Continuing Crime 
⚖ Continuing Crime 
⚖ Multiple Offenses 
⚖ Cumulative Crimes 
⚖ Recidivism 
General Part. Chapter III. Circumstances eliminating the criminal nature of the act
⚖ Circumstances eliminating the criminal nature of the act 
⚖ Self-defense 
⚖ Apprehension of the offender 
⚖ State of extreme necessity 
⚖ Physical or psychological coercion 
⚖ Justified risk 
⚖ Execution of the order or disposition of the superior 
General Part. Chapter IV. Participation
⚖ Participation 
⚖ Participants 
⚖ Forms of participation 
⚖ Simple Participation 
⚖ Complex participation 
⚖ Organized criminal group 
⚖ Criminal organization (association) 
⚖ Excess of the author 
⚖ Favouring 
General Part. Chapter V. Criminal liability
⚖ Criminal Liability 
⚖ Grounds of Criminal Liability 
⚖ Component of the offense 
General Part. Chapter VI. Release from criminal liability
⚖ Release from criminal liability 
⚖ Release of criminal liability of minors 
⚖ Release from criminal liability with holding to contravention liability 
⚖ Release from criminal liability in connection with voluntary renunciation of the commission of an offense 
⚖ Release from criminal liability in connection with active repentance 
⚖ Release from criminal liability in connection with a change in the situation 
⚖ Conditional release from criminal liability of an individual 
⚖ Conditional release from criminal liability of a legal entity 
⚖ Prescription of criminal liability 
General Part. Chapter VII.Criminal punishment
⚖ The concept and purpose of criminal punishment 
⚖ Categories of punishments imposed on natural persons 
⚖ Categories of penalties applied to legal persons 
⚖ Fine 
⚖ Deprivation of the right to hold certain positions or to exercise a certain activity 
⚖ Deprivation of the right to drive means of transport or cancellation of this right 
⚖ Withdrawal of a military or special rank, a special title, a qualification degree (classification) and state distinctions 
⚖ Unpaid community service 
⚖ Prison 
⚖ Life imprisonment 
⚖ Categories of prisons where imprisonment is served 
⚖ Liquidation of a legal entity 
⚖ Deprivation of a legal entity of the right to exercise a certain activity 
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